Logo Registration

Procedure for Opposition to Registration of Trademark

Procedure for Opposition to Registration of Trademark This article deals with the procedure for opposition to registration of a trademark. This is substantial reproduction of the provisions contained in section 21 and 22(b) of the Trade and Merchandise Marks Act, 1958. Sub- clause (6) provides for payment of security for costs in the case of persons who do not reside or carry on business in India. By Trademarks (Amendment) Act, 2010 (40 of 2010), sub-section (1) of section 21 has…

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Objection and Opposition – Trademark Registration in Coimbatore

Trademark Registration in Coimbatore – Objection and Opposition of trademark registration is discussed in the given article. What is trademark objection and opposition? In the trademark registration process, there are two primary things may appear one is trademark opposition and another one is trademark objection. People often get confusion between the opposition and objection processes, here we are going to discuss about that and have a detailed explanation about the difference among them and the process of such processes. Basic difference…

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Requirement of TRIPS Agreement – Trademark Registration in Coimbatore

Trademark Registration in Coimbatore – Requirements of TRIPS Agreement what we are going to discussed in these below article.  Requirements of TRIPS Agreement The Trips Agreement and the Paris convention for protection of Industrial Property specify certain norms and standards for protection of trademark. Since India is a member of both treaties, the Trademarks Act, 1999 abides by the relevant provisions of these binding International treaties. In regard to industrial property is general, the TRIPS Agreement requires that members comply…

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Falsifying & Falsely Applying Trademarks – Trademark Registration in Coimbatore

Falsifying and falsely applying trademarks There has to exist a protectable trademark which can be falsifying or falsely applied as a trademark. The provision applies both to registered as well as unregistered trademarks. Falsifying a Trademark No person without the assent of the proprietor of a registered or unregistered trademark prevalent in India may do any of the following: make or create that trademark or a deceptively similar mark, or in other words a mark which so nearly resembles the…

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Concept of International Registration – Trademark Registration in Coimbatore

Introduction to International registration Where  the international Bureau finds that the concept of international application meets the applicable requirements, it registers the trademark in the international register. Thereafter it notifies the offices of the designated contracting parties  of the international trademark registration, informs the office of the origin and sends a certificate to the holder. The registration certificates will be sent to the holder through the office of the origin, where the office of the origin has so desired. The…

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Notice for Opposition – Trademark Registration in Coimbatore

Notice of opposition A notice of opposition to the trademark registration under sub-section (1) of section 21, with such particulars as specified in rule 48, shall be given in duplicate in form TM-5 within four months from the date of publication in the Trademarks Journal in which the application for registration of trademark was advertised or re-advertised. Where a notice of opposition has been filed in respect of a single application for the registration of a trademark, it shall bear…

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Important factors to be considered for a trademark registration

In considering a question as to whether a resemblance between two marks is likely to deceive the persons to be considered are those who are likely to become purchasers of the goods upon which the marks are used, provided, however, such person use ordinary care and intelligence. The cases regarding the standard of attention or carefulness to be expected of the ordinary member of the purchasing public are reviewed by the assistant registrar. It is the ultimate purchaser that has…

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What are unconventional trademarks and its types?

The following types of trade marks come under the category of unconventional trademarks: Colour trademarks Sound marks Shape of goods, packaging Smell trademarks Colour trademarks: To constitute this kind of trademark, a colour or a combination of colours must be capable of distinguishing the goods or services from one trader to other traders. The extensive use of two colours in many different arrangements may results in the colour combination per se becoming distinctive of the applicant’s goods. If the colours…

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Things to consider about logo designs – Logo Registration in Coimbatore

Great logo requires a mixture of designs skills, innovative theory and a skilful application. Fit-for-purpose logo is the ultimate thing for any designer, but mastering from all aspects of the craft takes time. Logo design is the important element of branding since these days there are number of activation points such as campaigns on social media, promotional posts, but the logo or the brand mark been the centerpiece for most of the branding schemes. Logos hold an inevitable place in…

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Special provisions relating to trademarks and prior users

Protection to certain trademarks: Where a trademarks contains or consists of geographical indication and has been applied for or registered in good faith under the law relating to trademarks for the time being in force, or where rights to such trademark have been acquired through use in good faith either Before the commencement of this act; or Before the date of filing the application for registration of such geographical indication under this act; Nothing contained in this act shall prejudice…

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